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How to Request Dash Cam Footage from a Police Vehicle

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  • 07-28-2015, 12:37 PM
    betabun
    How to Request Dash Cam Footage from a Police Vehicle
    My question involves a traffic ticket from the state of: CA

    I went to the police department to request the footage, but the record staff told me I can only request it through filing for discovery, that is if I choose to contest the ticket. But I want to review the footage before deciding whether to go to court. Can I request the footage through FOIA? If so what is the process?
    Thanks for any response.
  • 07-28-2015, 12:57 PM
    flyingron
    Re: How to Request Dash Cam Footage from a Police Vehicle
    You can request it via informal discovery even if you haven't decided whether you want to go to court or not. Your chances of getting it in a timely fashion are better if you make it that way.

    FOIA is Federal. The California law is the Public Records Act.
  • 07-28-2015, 04:16 PM
    betabun
    Re: How to Request Dash Cam Footage from a Police Vehicle
    Quote:

    Quoting flyingron
    View Post
    You can request it via informal discovery even if you haven't decided whether you want to go to court or not. Your chances of getting it in a timely fashion are better if you make it that way.

    FOIA is Federal. The California law is the Public Records Act.

    I tried and the staff said I can only file discovery after a trial date has been set, and that footage is not public record. Did the staff lied?
  • 07-28-2015, 04:35 PM
    L-1
    Re: How to Request Dash Cam Footage from a Police Vehicle
    Don't do it in person. Write a letter to the issuing agency. Mark the front of the envelope ATTN CUSTODIAN OF RECORDS.

    Inside attach a copy of your citation, state you are seeking informal discovery in connection with that citation. Don't discuss whether you have a court date, simply state you are seeking informal discovery. At a minimum ask for the following:

    1. A copy of the officer’s copy of the citation, including the back side containing any notes he may have made in connection with this enforcement contact.

    2. A copy of all other reports, notes and other paperwork made in connection with this enforcement contact.

    3. A copy of the calibration records for all speed measuring devices used in connection with this enforcement contact.

    4. A copy of all relevant speed surveys related to this enforcement contact.

    5. A copy of the patrol vehicle recording made in connection with this enforcement contact.

    6. A copy of all personal recordings the officer may have made in connection with this enforcement contact.

    Once you have those you will know what you are up against and whether there is anything to base a defense on.

    As a side note, most patrol vehicle recording devices do not activate until the emergency lights come on. This means the violation probably was not captured and retained on camera unless you engaged in a prolonged pursuit with the officer. What it should capture is your interaction with the officer during the traffic stop. You need to review this part very carefully as drivers have a tendency to admit the violation and apologize for their driving, which is captured on the video. When that person goes into court and denies any wrong doing, the video is played in which they admitted the violation, destroying their credibility. If the video shows they were rude, argumentative and abusive to the officer, any sympathy they may have had with the judge can go out the window.
  • 07-29-2015, 11:44 AM
    betabun
    Re: How to Request Dash Cam Footage from a Police Vehicle
    Quote:

    Quoting L-1
    View Post
    Don't do it in person. Write a letter to the issuing agency. Mark the front of the envelope ATTN CUSTODIAN OF RECORDS.

    Inside attach a copy of your citation, state you are seeking informal discovery in connection with that citation. Don't discuss whether you have a court date, simply state you are seeking informal discovery. At a minimum ask for the following:

    1. A copy of the officer’s copy of the citation, including the back side containing any notes he may have made in connection with this enforcement contact.

    2. A copy of all other reports, notes and other paperwork made in connection with this enforcement contact.

    3. A copy of the calibration records for all speed measuring devices used in connection with this enforcement contact.

    4. A copy of all relevant speed surveys related to this enforcement contact.

    5. A copy of the patrol vehicle recording made in connection with this enforcement contact.

    6. A copy of all personal recordings the officer may have made in connection with this enforcement contact.

    Once you have those you will know what you are up against and whether there is anything to base a defense on.

    As a side note, most patrol vehicle recording devices do not activate until the emergency lights come on. This means the violation probably was not captured and retained on camera unless you engaged in a prolonged pursuit with the officer. What it should capture is your interaction with the officer during the traffic stop. You need to review this part very carefully as drivers have a tendency to admit the violation and apologize for their driving, which is captured on the video. When that person goes into court and denies any wrong doing, the video is played in which they admitted the violation, destroying their credibility. If the video shows they were rude, argumentative and abusive to the officer, any sympathy they may have had with the judge can go out the window.

    Thanks !
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